Grotts v. Zahner

*340OPINION

By the Court,

Maupin, J.:

Appellant, Kellie Grotts (“Grotts”), and her flaneé were involved in an accident with respondent Gertrude Zahner (“Zahner”). Grotts commenced her action below against Zahner seeking “bystander” emotional distress damages in connection with fatal injuries sustained by her flaneé in the accident. The district court dismissed her claim of bystander emotional distress on the ground that she was not, as a matter of law, “closely related” to her flaneé for these purposes. Grotts appeals.

A bystander who witnesses an accident may recover for emotional distress in…